The right to know and the right not to know revisited: Part One

被引:11
作者
Brownsword R. [1 ,2 ]
Wale J. [2 ]
机构
[1] King’s College London, London
[2] Bournemouth University, Poole
关键词
Genetic information; Noninvasive prenatal testing; Right not to know; Right to know; UK Biobank;
D O I
10.1007/s41649-017-0012-1
中图分类号
学科分类号
摘要
Prompted by developments in human genetics, a recurrent bioethical question concerns a person’s ‘right to know’ and ‘right not to know’ about genetic information held that is intrinsically related to or linked to them. In this paper, we will revisit the claimed rights in relation to two particular test cases. One concerns the rights of the 500,000 participants in UK Biobank (UKB) whose biosamples, already having been genotyped, will now be exome sequenced, and the other concerns the rights of pregnant women (and their children) who undergo non-invasive prenatal testing (NIPT)—a simple blood test that can reveal genetic information about both a foetus and its mother. This two-part paper is in four principal sections. First, we sketch the relevant features of our two test cases. Secondly, we consider the significance of recent legal jurisprudence in the UK and Singapore. Thirdly, we consider how, the jurisprudence apart, the claimed rights might be grounded. Fourthly, we consider the limits on the rights. We conclude with some short remarks about the kind of genetically aware society that we might want to be and how far there is still an opportunity meaningfully to debate the claimed rights. © National University of Singapore and Springer Nature Singapore Pte Ltd. 2017.
引用
收藏
页码:3 / 18
页数:15
相关论文
共 39 条
[1]  
Adams J.N., Brownsword R., Understanding Law, (2006)
[2]  
Beauchamp T.L., Childress J.F., Principles of Biomedical Ethics, (2001)
[3]  
Beyleveld D., Brownsword R., Consent in the law, Oxford: Hart, (2007)
[4]  
Beyleveld D., Brownsword R., Research participants and the right to be informed, Inspiring a Medico-Legal Revolution (Essays in Honour of Sheila Mclean), (2015)
[5]  
Bovenberg J., Meulenkamp T., Smets E., Gevers S., Always Expect the Unexpected: Legal and Social Aspects of Reporting Biobank Research Results to Individual Research Participants, (2009)
[6]  
Brownsword R., The ancillary care responsibilities of researchers: Reasonable but not great expectations, Journal of Law, Medicine and Ethics, 35, (2007)
[7]  
Brownsword R., Property in human tissue: Triangulating the issue, Altruism Reconsidered: Exploring New Approaches to Property in Human Tissue, 93, (2009)
[8]  
Brownsword R., New genetic tests, new research findings: Do patients and participants have a right to know—and do they have a right not to know? Law, Innovation and Technology, 8, (2016)
[9]  
Brownsword R., Wale J., The development of non-invasive prenatal testing: Some legal and ethical questions, Jahrbuch für Recht Und Ethik, 24, (2016)
[10]  
Brownsword R., Wale J., Regulating in The Global Village: The Case of Non-Invasive Prenatal Tests, (2017)